Opinion
Decided November 5, 1924.
COMPLAINT, for illegally transporting intoxicating liquor in violation of Laws 1917, c. 147, s. 20, as amended by Laws 1919, c. 99, s. 4. The defendant had theretofore been convicted, under the same section, of illegal possession. This complaint charges him with a second offence. In the superior court he was found guilty of illegal transportation, and the question whether upon these facts he could be found guilty of a second offence was transferred without ruling by Allen, J.
Jeremy R. Waldron, solicitor, for the state.
John L. Mitchell, for the defendant.
The case is governed by State v. Gendron, 80 N.H. 394. The defendant is guilty of a second offence.
Case discharged.